INTRODUCTION

Ten years ago, the Department of Natural Resources (DNR) contracted with the University of Baltimore School of Law to produce a AGuide to Maryland=s Regulation of Forest Products Industries.A By its creation, the Guide acknowledged the dual contributions of Maryland=s forests to the State=s economy and to its natural environment. By its content, the Guide recognized that the balance between these interests can create a regulatory path that, to the uninitiated, may seem tortuous. The Guide sought to map this path and its many roads. It described forestry-related laws and regulations and how they worked. It also provided names, addresses and telephone numbers of State and local officials responsible for implementing these laws and regulations.

In the last 10 years, much has changed. Some of the laws discussed in the original Guide addressed laws were in their infancy, such as the Chesapeake Bay Critical Area law and the Nontidal Wetlands Act. Other laws had not yet seen the light of legislative day, such as the Forest Conservation Act. State government has also changed. For example, some of the functions once assigned to DNR are now the responsibility of the Maryland Department of the Environment. Local responsibility for implementing State programs has increased. With the rest of society, government processing of information is transformed. The World Wide Web provides immediate answers to questions in all walks of life, including virtually all of the topics covered in this Guide.

The 2001 AGuide to Maryland’s Regulation of Forestry and Related Practices@ updates the 1990 Guide. It discusses the regulatory framework using a new format: activity and requirement, in addition to regulatory name. For example, to prune trees for compensation a person needs a tree expert license. This is the activity. To get the license, a person must have certain qualifications. These are the requirements. The regulatory name of the program is the tree expert license law. The Guide contains legal references to the Annotated Code of Maryland and the Code of Maryland Regulations (COMAR), and, importantly, provides Internet web links and other references for further information.

Finally, the 2001 Guide includes a chart of all forestry-related regulations to

allow the reader to identify, by activity, the road to take and the signs to follow to get there. Activities that cross-reference one another are signified in bold. For example, to harvest timber within 1,000 feet of the Chesapeake Bay or its tributaries, a person must comply with the Chesapeake Critical Area Law, which includes preparation of a forest or buffer management plan prepared by a Licensed Forester. The words in bold are topics in the Guide.

This update is made possible by a grant from the Department of Business and Economic Development (DBED) to DNR, which conducted this research through the

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Office of the Attorney General. As part of the update, DBED asked DNR to examine whether changes should be made to forestry and forestry-related laws and regulations.

Forestry-related laws and regulations are located in different places in the burgundy-colored Maryland Code and the red three-ring binders that house the Maryland regulations. A review of these laws and regulations shows that, though many, they continue to serve their different functions. For example, licensing laws protect the public by assuring State oversight of forestry-related practitioners. Natural resource laws provide special protections to forests that act as filters for agricultural runoff, such as riparian buffers, or that prevent erosion and sustain wildlife habitat, such as nontidal wetlands. Environmental laws seek to keep our water clean by preventing erosion during forestry operations, or by setting limitations on the discharge of specific effluents. Laws requiring specific descriptions of wood products offered for sale protect the consumer. General laws relating to business formation encourage economic activity. Tax incentives foster forest preservation.

Efforts can always be made to streamline or strengthen any law. For example, in 1994, the DNR Forestry Service and the Maryland Department of the Environment jointly developed a Standard Plan for Forest Harvest Operations in order to provide the forester harvester with a single plan for sediment and erosion control requirements. In the 2001 legislative session, the General Assembly increased the axle load limit tolerance to 15% for vehicles carrying forest products from June 1 through September 30. Similar and further changes may also be possible, after consultation with those in the forest industry who live with these laws or have studied their impact. For now, it is sufficient to say that the laws on the books continue to serve their purposes. A NOTE TO THE READER

The Guide tracks the separate parts, and phases, of all forestry-related industries. Part I addresses the harvest, manufacture and sale of wood products. It includes a discussion of general harvesting requirements, and the rules applicable to harvests in special areas, such as nontidal wetlands. Part II discusses the use of licensed professionals in the harvest planning process, i.e., licensed foresters and qualified professionals. Part III identifies the requirements for the care and treatment of trees, e.g., use of a licensed tree expert. Finally, Part IV identifies the general requirements for doing business in Maryland, including financial assistance and tax benefits.

To help serve as a reference for a wide audience, the Guide begins with a chart that also serves as an index. The chart shows in capsule form the forestry-related activity, the applicable legal requirement, and the pages in the Guide to find this information.

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ACKNOWLEDGMENTS

This Guide is made possible in significant part because of the diligent efforts and thoughtful work of a number of individuals. Christopher Staiti and Steven Trader are law students at the University of Baltimore School of Law who labored well to research forestry-related laws and regulations and to draft initial sections of the revised Guide. Their suggestions on format and content were invaluable. Assistant Attorneys General Shara Mervis Alpert and Marianne Mason provided legal advice and support for this work. Finally, the good work and strong commitment of Steve Koehn, Jack Perdue, Mike Galvin, and Marian Honeczy of the Maryland Forest Service deserves special recognition. Joseph P. Gill Principal Counsel Department of Natural Resources December 2001

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PART I HE ARVEST, MANUFACTURE AND SAL OF WOOD PRODUCTS T

H

E

CH

TITLE ACTIVITY REQUIREMENTS

P.

1

A Forest Products License

The harvest, manufacture, or sale of forest products

A forest products operators license

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2

Timber Harvests

Harvest of wood products on land of any size

Before cutting, obtain landowner approval. After cutting, leave conditions favorable for regrowth. If desirable, district forestry board assistance is available

10

Commercial harvest of woodlands on 5,000 square feet of disturbed area, or on an area that crosses any perennial or intermittent watercourse

A Sediment and Erosion Control Plan approved by a Soil Conservation District

11

Application for a sediment and erosion control or grading permit on an area greater than 40,000 square feet, typically to remove trees for commercial or residential development

Approval of a Forest Conservation Plan prepared by a qualified professional

15

3

Timber Harvests in Special Areas

Timber harvests within 1,000 feet of the Chesapeake Bay or its tributaries

A forest or buffer management plan prepared by a licensed forester and approved by a district forestry board

20

4

Timber harvests in nontidal wetlands

Application of best management practices through a sediment and erosion control plan approved by a soil conservation district

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Cutting pine trees for commercial purposes on five acres or more

After harvest, leave specified numbers of pine trees or seedlings, or reforest the land in accordance with a plan approved by DNR

32

Timber harvests on land subject to a long-term protective agreement under the Forest Conservation Act

A timber harvest plan prepared by a licensed forester and approved by a district forestry board

35

Land containing threatened or endangered species

Contact DNR to determine the location of the species and implement measures to avoid a take of the species

36

4

Transportation of Wood Products

Driving a vehicle to transport wood products

A driver=s license for the specific type of vehicle

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Use of a vehicle to transport wood products

Comply with motor carrier size, load and weight laws

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Transportation of Christmas trees and shrubs

Possession of a bill of sale signed by the landowner

40

Interstate shipment of nursery stock

Inspection certificate stating that the stock is apparently free from plant pests

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5

Manufacture of Wood Products

Operation of a wood products facility

Comply with environmental regulations protecting air and water quality, and providing for safe hazardous waste disposal

43

6

Sale of Wood Products

Sale of softwood lumber

Comply with regulations governing the use of quality and

50

5

quantity terms in representation, advertisement and sale

Sale of fireplace and stove wood

Comply with regulations governing the use of quality and quantity terms in representation, advertisement and sale

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PART II FORESTRY ACTIVITY AND MANAGEMENT PLANS

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Licensed Foresters

The practice of forestry for compensation

A license issued by the Maryland State Board of Foresters

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8

Qualified Professionals

Preparation of a forest stand delineation or conservation plan under the Forest Conservation Act

Meet the requirements of a Qualified Professional

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PART III CARE AND TREATMENT OF TREES

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Licensed Tree Experts

Treatment and care of trees for compensation

A tree expert license issued by the Department of Natural Resources

62

10

Roadside Tree Care

The removal or pruning of a roadside tree

A permit from the Department of Natural Resources

66

11

Pesticide Applicator

Application of pesticides for the control of pests

A license or certification issued by the Maryland Department of Agriculture

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PART IV DOING BUSINESS IN MARYLAND

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General Requirements for Doing

Organization, registration, local regulations, worker=s

Compliance with specific laws

72

6

Business compensation, labor laws, OSHA and MOSH

13 Financial Assistance

Business and Economic Development loan and grant programs

Five programs of financial assistance with different requirements

79

14

Tax and Other Benefits

Income tax modification, reduced property taxes, and financial assistance for woodland management

Compliance with specific requirements

80

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PART I THE HARVEST, MANUFACTURE, AND SALE OF WOOD PRODUCTS CHAPTER 1 A FOREST PRODUCTS OPERATORS LICENSE Activity: The harvest, manufacture or sale of forest products Requirement: A forest products operator=s license

Applicability

Any person engaged in the business of harvesting, manufacturing, or selling forest products must have a license issued by DNR.

This license requirement includes, but is not limited to: — Forest products manufacturing plants — Sawmills (to manufacture lumber or to have timber severed

by loggers) — Loggers under contract with a sawmill — Loggers not under contract with a sawmill — Firewood operators

Exceptions

This license requirement does not apply to the clearing of woodlands for:

— Reservoirs — Military or naval purposes — Agricultural purposes — Communication and transmission lines — Industrial sites — Railroads — Residential or recreational purposes — Cutting firewood and timber for domestic use by the owner or

his tenant Procedure

To apply for a forest products industry license, obtain an application from the Maryland Forest Service and pay a $20 fee. Licenses are issued annually.

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References

Natural Resources Article, '' 5-608 and 5-610

Additional Information Maryland Forest Service Tawes State Office Building B2 580 Taylor Avenue Annapolis, MD 21401 (410) 260-8531 Maryland Business License Information System (BLIS) www.blis.state.md.us

Click on Occupational Licenses, then choose Forest Products Operator. Maryland Department of Natural Resources home page www.dnr.state.us

Click on Forestry link.

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CHAPTER 2 TIMBER HARVESTS GENERAL REQUIREMENTS Activity: The harvest of wood products on land of any size Requirement: Before cutting, obtain landowner approval. After

cutting, leave conditions favorable for regrowth. If desirable, district forestry board assistance is available.

Landowner Approval Applicability

Any person who desires to enter land to cut or injure or destroy merchantable trees or timber must obtain the prior written permission of the owner of the land. The written permission shall be displayed to a law enforcement officer upon request. Penalties

Any person who cuts, injures or destroys merchantable trees or timber without written permission of the owner shall be liable for damages in an amount triple the value of the lost trees or timber, plus other costs. Post-Harvest Requirements Applicability

A person who harvests timber must comply with the following requirements:

$ Leave conditions favorable for regrowth. $ Leave young growth. $ Arrange for restocking the land after cutting by leaving trees of

desirable species of suitable size singly, or in groups, well distributed and in a number to secure restocking.

$ Maintain adequate growing stock after partial cutting or selective logging.

District Forestry Board Assistance

A person who harvests timber may apply to a district forestry board for inspection of woodlands proposed to be cut. The State is divided into 24 forestry districts,

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one for each of Maryland=s 23 political subdivisions, and one for Baltimore City. Each district has a district forestry board whose members are appointed by DNR and who represent various forestry, woodworking, and agricultural interests. Among other things, district forestry boards aid landowners in forest management and conservation, and may review for approval any work plan proposal for cutting woodlands. Forestry board approval is specifically required for harvesting trees in the Chesapeake Bay Critical Area or on land protected by a long-term agreement under the Forest Conservation Act.

References

Maryland Natural Resources Article, '' 5-409, 5-605, 5-606, 5-608 Additional Information

Maryland Cooperative Extension www.agnr.umd.edu/ces/home.html For information on developing a successful forest management plan, click on the Natural Resources & Environment link, then click on Forestry & Wildlife Management link, then scroll down to publication FS 625. Maryland Department of Natural Resources home page www.dnr.state.us

Click on Forestry link.

* * * SEDIMENT AND EROSION CONTROL PLAN Activity: The commercial harvest of woodlands on 5,000 square feet of

disturbed area, or on an area that crosses any perennial or intermittent watercourse.

Requirements: A Sediment and Erosion Control Plan

Forests are recognized as one of the most effective habitats for removing sediment and nutrients from runoff and groundwater before they reach a watercourse. It is essential, therefore, that the pollution buffering capacity of a forest not be destroyed during a timber harvest. Proper planning and harvest techniques are required to ensure that timber is removed in an economical manner while preventing major damage to waterways.

Definitions

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AClear@ means any activity which removes the vegetative ground cover. Forestry

and logging operations fall within this definition.

AResponsible Personnel@ means any foreman, superintendent, or project engineer who is in charge of on-site clearing and grading operations or sediment control associated earth changes or disturbances.

Applicability

A sediment and erosion control plan is required for all harvests on 5,000 square

feet of disturbed area, or on an area that crosses any perennial or intermittent watercourse. The plan is submitted for review and approval to the appropriate Soil Conservation District (or municipality if not within a district).

To assist loggers in meeting this requirement, the MDE Water Management

Administration and the Maryland Forest Service developed a Standard Plan for Forest Harvest Operations. This plan lists the general sediment control requirements for each harvest and may be obtained from any Soil Conservation District Office.

Exceptions

The sediment and erosion control plan provisions do not apply to: ! agricultural land management practices and the construction of

agricultural structures, ! construction of certain single family residences or accessory buildings on

lots of 2 acres or more (except in Calvert County), clearing and grading activities that disturb less than 5,000 square feet and disturb less than 100 cubic yards of earth,

! any utility project in Prince George=s and Montgomery counties under the jurisdiction of the sediment control regulations of the Washington Suburban Sanitary Commission, or

! any state or federal project or any project on state-owned land. When on state or federally owned land, it is necessary to obtain approval from MDE=s Water Management Administration.

Limitations

Generally, approved plans remain valid for 2 years from the date of approval, unless specifically extended or renewed by the erosion and sediment control plan approval authority.

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Requirements The following requirements must be complied with: — A person may not begin or perform any site work unless the person:

$ has obtained approval for their sediment control plan, $ implements and follows the procedures contained in an approved

sediment control plan, and $ complies with all other applicable permits and procedures.

— In addition to the requirements provided for in the sediment control plans:

(1) An applicant for sediment and erosion control plan approval is

required to certify to the appropriate jurisdiction that the responsible personnel involved in the project will have a certificate of attendance at an MDE approved training program for the control of sediment and erosion before beginning the project.

(2) The authority approving a plan has the reserved power to impose conditions necessary to prevent creation of a nuisance or dangerous condition, to avoid sediment pollution, and to deny the issuance of an approval where the proposed project would adversely affect the public safety and welfare.

(3) The approval authority may revise approved plans as necessary to reflect site conditions.

— If a stream crossing is necessary and unavoidable, a nontidal wetland permit

is also required.

— The plan may require that certain portions of the harvest site, including roads, trails and landings that would not regenerate natural vegetation because of steep slopes, be stabilized with seed or mulch, or both, to prevent future erosion.

— Some soil conservation districts may require that a Licensed Forester prepare

the plan.

Inspections & Penalties The MDE Water Management Administration, or the county, municipality, or

Commission may inspect project sites and shall investigate complaints from interested parties in order to spot violations.

Any person who violates any provision of Maryland's sediment control or

sediment pollution laws may be subject to criminal penalties, injunctions, or civil penalties. Any agency whose approval is required under these statutes may seek an 13

injunction against any person who violates or threatens to violate any provision of these statutes. References Environment Article '' 4-l0l to 4-l16, 4-401 to 4-417 COMAR '' 26.17.0l.0l to 26.17.0l.ll l994 Maryland Standards and Specifications for Soil Erosion and Sediment Control published by MDE Standard Plan for Forest Harvest Operations (MDE Water Management Administration and DNR Forest Service)

Additional Information: Water Management Administration Maryland Department of the Environment 2500 Broening Highway Baltimore, Maryland (410) 631-3542 Non-Point Source Program Maryland Department of the Environment 2500 Broening Highway Baltimore, Maryland (410) 631-3563 Maryland Department of the Environment (downloadable permits and information) www.mde.state.md.us click on Choice Topic dialogue box and select Download permit applications Standard Erosion and Sediment Control Plan for Forest Harvest Operations www.dnr.state.md.us/forests/landplanning/bmp.html Soil Conservation District Offices www.mda.state.md.us/resource/scd.htm

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* * *

FOREST CONSERVATION ACT Activity: Application for a sediment erosion control or grading permit on an

area greater than 40,000 square feet, typically to remove trees for residential or commercial development.

Requirement: Approval of a Forest Conservation Plan prepared by a

qualified professional.

The purpose of Maryland=s Forest Conservation Act (>Act=) is to minimize loss of Maryland's forest resources resulting from development. The Act accomplishes this purpose in two ways. First, the Act requires a developer to identify forests and other sensitive areas, such as streams, wetlands, and erodible slopes, as part of the site planning process. Identification of priority areas prior to development helps to facilitate their retention.

Second, the Act requires a developer to retain or plant forest land as part of the

proposed development. The amount of forest retained or planted depends upon the land use category, ranging from agricultural to commercial/industrial use areas.

Generally, rural areas with larger forests have higher thresholds to minimize the

number of acres cleared. For example, an area zoned for medium-density residential use would require about 25% of the forests on the site to be conserved. Alternatively, urban areas zoned for commercial and industrial use would require about 15% to be conserved. The purpose is to encourage development in areas where development has already occurred.

Where little or no forest exists, the Act requires that forests be established by planting trees. The percentages for this required afforestation vary according to land-use categories. For example, in medium-density residential and agricultural and resource areas having less than 20% of the net tract area in forest cover, up to 20% of the net tract area would require afforestation. In all other land-use categories, tracts having less than 15% of the net tract area in forest cover require afforestation of up to15% of the net tract area.

The Act also provides a sequence of preference for retention and protection, afforestation and reforestation, and priorities for afforestation and reforestation efforts. 15

The Act is administered on a local level in all counties (except for Garrett and Allegany, which are exempt so long as they maintain 200,000 acres or more of their land in forest cover) and in most municipalities. DNR administers the FCA program for municipalities that do not have their own programs and for all projects that are State funded or occur on State land or by a State agency.

Applicability

The requirements of the Forest Conservation Act must be met upon the filing of any public or private subdivision plan or application for a grading or sediment control permit on any area of 40,000 square feet or greater, by any person, including State or local government.

Exceptions

The requirements of the Forest Conservation Act may not apply to all projects.

Some of these projects, however, are subject to forest conservation requirements under other laws, as noted below:

$ Highway construction projects conducted in accordance with Natural

Resources Article ' 5-103. $ Cutting or clearing operations within the Chesapeake Bay Critical Area. $ Agricultural activities that do not change the applicable land use category. $ Public utility cutting or clearing projects $ Residential construction activity on a single lot or a linear project that

does not result in the cutting, clearing, or grading of more than 40,000 square feet of forest, or forest that is already subject to the requirements of an existing forest conservation plan.

$ Cutting, clearing, or grading operations that disturb less than 40,000 square feet of forest and is for the purpose of constructing a dwelling intended for the use of the owner, or a child or grandchild of the owner.

$ Coal or mining operations. $ County projects within a county that has and maintains 200,000 acres or

more of its land area in forest cover (Allegany and Garrett Counties). $ Cutting or clearing operations conducted in order to comply with a

Federal Aviation Administration determination that the trees are a hazard to aviation.

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NOTE: In some instances, a person who wishes to engage in any activity that is exempt from the Act may be required to file a ADeclaration of Intent@ with the State or local authority as part of the Sediment and Erosion Control

permit application. A Declaration of Intent is a signed, notarized statement by a landowner certifying that the activity on the landowner=s property is exempt from the requirements of the Act.

Definitions

AAfforestation@ means establishing a forest on an area where forest cover is absent

or not presently in forest cover.

AForest@ means a biological community dominated by trees and other woody plants covering a land area of 10,000 square feet or greater.

AForest conservation@ means the retention of existing forest or the creation of new forest.

AQualified Professional@ means a Licensed Forester, licensed landscape architect, or other person who meets the requirements of COMAR 08.19.06.01A.

AReforestation@ means the creation of a biological community containing at least

100 trees per acre with at least half the trees having the potential of attaining a 2-inch or greater diameter measured at 4.5 feet about the ground within seven years. Requirements A person filing a plan for a subdivision, or applying for a grading or sediment and erosion control permit must arrange for a qualified professional to prepare a forest stand delineation (FSD). The FSD is used during the preliminary review process to determine the most suitable and practical areas for forest conservation. In addition to the FSD, the applicant must arrange for a qualified professional to prepare a forest conservation plan (FCP). Among other requirements, the FCP must identify limits of disturbance and trees for removal, contain a construction timetable, provide an afforestation (new planting) or reforestation (replanting) plan, and include a two-year management agreement addressing how areas designated for afforestation or reforestation will be maintained.

In addition, every forest conservation plan must provide for long-term protection of forest retention areas. These agreements shall at minimum limit uses in retention and planting areas to those that are consistent with forest conservation, including passive recreational activities, wildlife management, and forest management practices that are consistent with a forest conservation program.

A long-term protection agreement may be one or more of the following:

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$ Conservation easement $ Deed restriction $ Covenant running with the land $ Legally binding Forest Management Plan $ Forest Conservation and Management Agreement

Procedures

Prior to the start of field operations, the applicant shall submit the FSD to the local authority or DNR. Within 30 days of receipt of a complete FSD, the local authority or DNR shall notify the applicant whether the FSD is complete and correct. The local authority or DNR may take an additional 15 days to complete a review for extenuating circumstances.

Following approval of a FSD, the applicant shall submit a proposed FCP also prepared by a licensed forester, licensed landscape architect, or other qualified professional. Within 45 days of receipt of the forest conservation plan, the local authority or DNR notifies the applicant whether the plan is complete. Failure to notify the applicant at the end of the review period allows the applicant to treat the plan as complete. The local authority or DNR may take an additional 15 days for extenuating circumstances. An applicant may proceed with a project only after securing approval of the forest conservation plan and complying with all other applicable federal, state, and local permits.

A pre-construction meeting is required before project commencement.

Variances

A local authority or DNR may grant a variance to the provisions of the Act. The

standard for granting a variance is unwarranted hardship to the applicant a result of specific site features or conditions.

Enforcement Any person who violates any provision of the Act may be subject to injunction,

plan revocation, and civil penalties, or administrative penalties of $1,000/day.

References 18

Natural Resources Article ''5-1601 to 5-1613 COMAR 08.19.01-04 Additional Information Maryland Forest Service Department of Natural Resources Tawes Building, E-1 Annapolis, Maryland 21401 (410) 260-8540 Forest Conservation Act with branch office listing www.dnr.state.md.us/forests/treelaws.html Click on Forest Conservation Act

Documents for Forest Stand Delineation or Forest Conservation Plan www.dnr.state.md.us/forests/programs/urban/explained.html Click on either FSD application or FCP worksheet

State Forest Conservation Technical Manual (Ginger Page Howell & Todd Ericson eds., 3d ed. 1997).

Forest Conservation Act - Local Government Projects Exempt from Act in Counties that have Threshold Level of Forest Cover, 86 Opinions of the Attorney General ___ (2001).

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CHAPTER 3 TIMBER HARVESTS IN SPECIAL AREAS

THE CHESAPEAKE BAY CRITICAL AREA Activity: Harvesting timber within 1,000 feet of the Chesapeake Bay or its

tributaries Requirement: Comply with the Chesapeake Bay Critical Areas Law, to

include preparation of a forest or buffer management plan prepared by a licensed forester and approved by a district forestry board.

Applicability

Sixteen counties and forty-four municipalities contain land that is within 1,000 feet of tidal waters of the Chesapeake Bay or its tributaries, otherwise known as the “Critical Area.” These local jurisdictions have implemented programs regulating development in the Critical Area, based upon criteria developed by the Chesapeake Bay Critical Area Commission.

Among the elements that a county or municipality Critical Area program must include are provisions requiring that harvesting of timber in the Chesapeake Bay Critical Area be in accordance with a plan prepared by a Licensed Forester and approved by a Maryland district forestry board. There are also special rules for harvesting within the 100-foot buffer. In addition, certain land classifications in the Critical Area are subject to forest retention and reforestation requirements. Definitions AAfforestation@ means the establishment of a tree crop on an area from which it has always or long been absent. ABuffer@ means a naturally vegetated area established or managed to protect aquatic, wetland, shoreline, and terrestrial environments from man made disturbances. ACommission@ means the Chesapeake Bay Critical Area Commission. ACommercial harvesting@ means a commercial operation that would alter the existing composition or profile, or both, of a forest, including all commercial cutting operations done by companies and private individuals for economic gain. 20

ACritical Area@ means all land within 1,000 feet of tidal waters or adjacent tidal wetlands of the Chesapeake Bay or its tributaries. ADevelopment@ means any activity that substantially changes the condition of dry land, land under water, or any structure. This includes the harvesting of trees in the critical area. ADeveloped woodlands@ means areas that predominantly contain trees and natural vegetation but also include residential, commercial, or industrial structures and uses. AForest Interior Dwelling Birds (FIDS)@ means species of birds which require relatively large forested tracts in order to breed successfully. AReforestation@ means the establishment of a forest through artificial reproduction or natural regeneration. AWildlife Habitat@ means those plant communities and physiographic features that provide food, water, cover and nesting, foraging, and feeding conditions necessary to maintain populations of animals in the Critical Area.

Basic Requirements

The basic requirements for timber harvesting in the Critical Area are:

— For harvests affecting at least one acre of forest or developed woodland,

a Forest Management Plan or Timber Harvesting Plan prepared by a Licensed Forester and approved by a district forestry board.

The plan must:

$Include measures to protect surface and groundwater quality $ Identify whether the activities will disturb or affect Habitat Protection Areas and incorporate protection measures for these areas $ Provide for identification and conservation of FIDS habitat. $ Include mitigation through forest management techniques, which include

scheduling the size, timing and intensity of harvest cuts, afforestation, and reforestation.

— For harvests affecting 5,000 square feet or more, a Sediment and Erosion

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Control Plan.

— Maintenance of a minimum l00 foot buffer around tidal waters, tidal wetlands, and tributary streams. Requirements in the 100-Foot Buffer

— Commercial harvesting of trees by selection or by the clear-cutting of loblolly pine and tulip poplar may be permitted in the buffer to within 50 feet of tidal waters, perennial tributary streams, and tidal wetlands, or to the edge of intermittent streams. In addition to the basic requirements for harvesting in the Critical Area, all commercial harvests within the buffer, regardless of size, must comply with a Buffer Management Plan prepared by a Licensed Forester.

— The cutting of trees or removal of natural vegetation may be permitted within the buffer where necessary to provide access to private piers, or to install or construct a shore erosion protection device or measure, provided the device or measure has received all necessary federal and state permits.

— Individual trees may be cut within the buffer for personal use provided that this

cutting does not impair the water quality or existing habitat value or other functions of the buffer, and further provided that the trees are replaced on an equal basis for each tree cut. Individual trees also may be removed within the buffer when they are in danger of falling and causing damage to dwellings or other structures, blockage of streams, or accelerated shore erosion.

— Horticultural practices may be used within the Buffer to maintain the health of individual trees. Other cutting techniques may be undertaken within the buffer under the advice and guidance of the Departments of Agriculture and Natural Resources if necessary to preserve the forest from extensive pest or disease infestation or threat from fire. Note: All harvests within the buffer are subject to regulations prohibiting

harvesting in Habitat Protection Areas designated to preserve habitat for species that are endangered, threatened, or in need of conservation.

Forest Retention and Reforestation Requirements

Land in the Critical Area is divided into three different categories: Intensely Developed Areas (IDAs), Limited Development Areas (LDAs), and Resource 22

Conservation Areas (RCAs). Additional requirements apply to activity within these areas. Anyone planning to conduct a development activity in any of these specialty areas should contact the officials of the local jurisdiction for specific requirements imposed on such activities. Category: Intensely Developed Areas (IDA)

—Description Area of twenty or more adjacent acres where residential, commercial, or

industrial land uses predominate. Any one or combination of the following characterizes IDAs:

$ A housing density of four or more dwelling units per acre $ A concentration of industrial, institutional, or commercial uses $ Public sewer and water collection and distribution facilities and more than three dwelling units per acre; or any combination of the above three characteristics.

— Additional Requirements

In the IDA, the additional requirements are programmatic. When the cutting or

clearing of trees in forests and developed woodland areas is associated with current or planned development activities:

$ Compliance with programmatic requirements for the enhancement of forest and developed woodland resources, such as programs for urban forestry (for example, street tree plantings, gardens, landscaping, open land buffer plantings)

$ Protection for existing forests and developed woodlands identified as Habitat Protection Areas

$ Minimization of adverse impacts to water quality caused by storm water

Category: Limited Development Areas (LDA)

—Description

23

Area in which development is of a low or moderate intensity. LDAs are characterized by at least one of the following: $ Housing density between one dwelling unit per five acres and four

dwelling units per acre $ Lack of domination by agriculture, wetlands, forest, barren land, surface water, or open space $ Public water or public sewer, or both $ All the characteristics of an IDA but in fewer than twenty acres.

— Additional Requirements

In the LDA, there are requirements for reforestation and forest retention. They

are:

$ Replacement of cleared or developed forests in the Critical Area on not less than an equal (1 to 1) basis

$ No more than 20 percent of any forest or developed woodland may be removed from forest use, except that a developer may clear up to 30 percent of the forest or woodland if the developer replaces the cleared area with an afforested area on a 1.5 to 1 basis.

$ Afforestation to provide a forest or developed woodland cover of at least l5 percent if no forest is already established on proposed development sites

$ Clearing forest in the LDA is also regulated by Commission regulations that prohibit development on slopes greater than l5 percent (as measured before development) in LDAs, unless the project is the only effective way to maintain or improve the stability of the slope and is consistent with Commission's policies for Limited Development.

Category: Resource Conservation Areas (RCA)

— Description

Area dominated by natural environments or resource-utilization activities (agriculture, aquaculture,etc.) RCAs are characterized by at least one of the following:

$ Density of less than one dwelling unit per five acres 24

$ Dominant land use is agriculture, wetlands, forest, barren land, surface water, or open space

— Additional Requirements

$ The same replacement, retention and afforestation requirements applicable to the LDA also apply to the RCA. $ The policy in the RCA is to conserve the existing developed woodlands and forests for their water quality benefits, providing land use management practices for preserving Habitat Protection Areas, and assuring that the overall acreage of forest and woodland within their Resource Conservation Areas does not decrease.

Penalties

If a person cuts or clears or plans to cut or clear trees within the Critical Area in

violation of the Commission=s regulations Commission, the local jurisdiction or the Attorney General may bring an action:

— To require the person to replant trees where the cutting or clearing occurred in accordance with a plan prepared by the State Forester, a Licensed Forester, or a registered landscape architect; — In the LDA and RCA, to require a person to replace forests cleared in violation of Critical Area requirements on a 3 to 1 basis;

— To restrain the planned violation; or

— For damages: $ to be assessed by a circuit court in an amount equal to the estimated cost of replanting trees; and $ to be paid to DNR by the person found to have violated these provisions.

References

Natural Resources Article '' 8-1801 - 8-1817

25

COMAR Title 27 Chesapeake Bay Critical Area Commission 1804 West Street, Suite 100 Annapolis, Maryland 21401 410-260-3460 Critical Area Commission=s website: www.dnr.state.md.us/criticalarea

For a list of informative publications, click on Guidance Publications. For information on IDAs, LDAs, and RCAs, click on Land Use Classifications. This site also includes an extensive Glossary of Terms.

For more information on timber harvest plans and their approval:

$ DNR website www.dnr.state.md.us

Click on Forestry, then Chesapeake Bay and Water Quality Programs, Then click on Critical Area Timber Harvest Guidelines.

For more information on FIDS and the identification and protection of their habitat, see:

A Guide to the Conservation of Forest Interior Dwelling Birds in the Chesapeake Bay Critical Area. June 2000.

Available through the Chesapeake Bay Critical Area Commission.

* * * NONTIDAL WETLANDS Activity: Timber harvests in nontidal wetlands Requirement: Application of best management practices through a sediment

and erosion control plan approved by a soil conservation district.

Overview 26

In 1989, the General Assembly established a statewide program within the

Maryland Department of the Environment (MDE) for the conservation, regulation, creation, and wise use of nontidal wetlands. Nontidal wetlands are transitional areas between uplands and water that are saturated by water for all or part of the year. Examples include marshes, swamps, bogs and nontidal streams. Nontidal wetlands are valuable areas for fish and wildlife habitat, are vital to the maintenance of water quality, and provide flood control benefits.

Subject to certain exemptions, a person may not conduct a regulated activity in a nontidal wetland or buffer without a permit from MDE. Forestry activities are one of the exemptions. Generally, a forestry activity is exempt from the permit requirements of the Act as long as the activity (a) does not change nontidal wetlands to another land use and (b) is implemented using best management practices to protect nontidal wetlands through a sediment and erosion control plan approved by a soil conservation district office.

Definitions

ANontidal wetland@ is an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support hydrophytic vegetation. AHydrophytic vegetation@ is vegetation typically adapted for life in saturated soil conditions. AForestry activity@ is planting, cultivating, thinning, harvesting, or any other activity undertaken to use forest resources or to improve their quality or productivity, excluding activities that would change nontidal wetlands to another land use. ABest Management Practices (BMPs)@ means conservation practices and management measures that control soil loss, reduce water quality degradation, and minimize adverse impacts to the surface water and groundwater flow and to the chemical, physical, and biological characteristics of a nontidal wetland. ARegulated activity@ means any of the following activities if undertaken in or originated in a nontidal wetland or buffer:

— Removal, excavation, or dredging of soil, sand, gravel, minerals, organic

matter or materials of any kind — Changing of existing drainage, flow, sedimentation, or flood retention

characteristics — Disturbance of water level or water table by drainage, impoundment, or other

27

means — Dumping, discharging of material, filling with material, including driving of

piles and placement of obstructions. — Grading or removal of material that would alter existing topography — Destruction or removal of plant life that would alter the character of the

nontidal wetland. ABuffer@ is a regulated area, 25 feet wide, surrounding a nontidal wetland.

Note: A buffer may be extended to 100 feet for Wetlands of Special State Concern, discussed below.

AMinor activities@ means activities that affect less than 5,000 square feet or 100 cubic yards of disturbance.

Applicability

A person conducting a forestry activity in a nontidal wetland shall implement

Best Management Practices through a Sediment and Erosion Control Plan prepared by a Licensed Forester and submitted to and approved by a Soil Conservation District.

Exemptions

The following forestry activities are exempt from the approval requirement of Best Management Practices:

—Repair and maintenance of existing structures for forestry activities —Forestry activities on land that is lying or has lain fallow —Forestry activities that do not require a sediment and erosion control plan —Forestry activities begun before January 1, 1991 under a sediment and erosion

control plan approved before that date.

General Requirements

The goals of best management practices are to:

$ Control soil loss and sediment deposition $ Minimize water quality degradation $ Minimize adverse impacts to water flow or circulation patterns

28

$ Prevent a nontidal wetland from being changed to another land type $ Minimize adverse impacts to chemical, physical, or biological characteristics of the nontidal wetland.

Acceptable BMPs may include, but are not limited to the following:

$ For skid trails, decks, and roads -

#Locating on soils that resist compaction #Selecting appropriate log skidding equipment #Minimizing encroachment into nontidal wetlands # Using stabilization techniques to minimize erosion # Following natural contours of the land # Minimizing use of fill materials # Regrading and revegetating affected areas, as necessary

$ For harvest and regeneration practices -

# Using flotation equipment if soils are unable to support conventional equipment # Employing site preparation methods that do not convert the wetland to upland. # Preventing increased runoff # Employing natural regeneration methods.

$ These requirements to not apply to loblolly pine harvests in nontidal wetlands, which are regulated under the Seed Tree Law.

Wetlands of Special State Concern

The criteria for designating a wetland of special State concern is as follows. The wetland:

# Provides habitat or buffer for plant or animal species listed as endangered or threatened (or are candidates for such listing), or are considered to be locally unusual or rare. # Is a unique natural area or contains ecologically unusual natural communities. # Has exceptional ecological or educational value of State wide

significance.

Designated nontidal wetlands of special State concern are listed in COMAR 26.23.06.01. 29

BMPs for nontidal wetlands of special State concern must be designed to

maintain the ecological value of the wetlands by:

# Establishing a primary protection area for crucial parts of the wetland within which no disturbance may occur # Establishing a secondary protection area for selection and use restrictions, and implementing other low-impact techniques

Approval of BMPs

Factors considered by the Soil Conservation District in approving BMPs include:

$ Properties of specific soils to resist compaction and support equipment $ Ability to maintain water levels in the wetland after harvest $ Maintenance of the ecological value of nontidal wetlands of special

State concern

Procedure

— To obtain approval of a sediment and erosion control plan implementing BMPs, a person shall submit the following information to a Soil Conservation District:

$ Extent of nontidal wetlands affected by the activity $ Method and schedule for harvesting $ Description of equipment to be used $ Estimated location of skid trails, roads, and decks $ Proposed location of diversion ditches $ Anticipated site preparation methods $ Proposed planting or regeneration method $ Measures to rectify disturbances from temporary structures

— The Soil Conservation District shall:

$ Delineate or review and approve the delineation of nontidal wetlands $ Review and approve the proposed sediment and erosion control plan if it complies with the regulations set forth

— The person conducting the forestry activity shall submit copies of an approved

sediment and erosion control plan MDE. 30

Note: If the forestry activity is in nontidal wetlands on State lands, the sediment and erosion control plan must be approved by MDE directly.

Additional 100-year Floodplain Requirements

— For minor activities that affect the 100-year floodplain, a General Waterway

Construction Permit is needed. To obtain a permit, complete the ARequest for MDE General Waterway Construction Permit@ worksheet.

— An individual Waterway Construction Permit is needed for excavation and fill activities in the mainstem or 100-year floodplain of a State Scenic and Wild River, or where the activity will significantly affect the hydraulic characteristics of the floodplain.

Penalties

A person who violates any of the provisions of the Nontidal Wetlands Act is subject to issuance of a stop work order, civil penalties up to $10,000 a day and issuance of an injunction, and criminal penalties up to $25,000 and issuance of a restoration order. In addition, MDE may revoke a nontidal wetlands permit if a person violates the permit conditions, obtains a permit by misrepresentation, or fails to disclose a relevant or material fact or change in conditions.

References

Environment Article '' 5-901 through 5-911 COMAR 26.23.05 Maryland Department of the Environment 2500 Broening Highway Baltimore, MD 21224 (410) 631-3000 1-800-633-6101 MDE homepage www.mde.state.md.us

Click on New Environmental Permits Guide, then choose 3.17 Nontidal Wetlands Best Management Practices for Forest Harvests www.dnr.state.md.us/forests/landplanning/bmp.html For more links to information on nontidal wetlands, go to: 31

DNR homepage www.dnr.state.md.us

Scroll down to search and type in Anontidal wetlands.@

* * *

PINE TREE REFORESTATION (SEED TREE LAW) Activity: Cutting pine trees for commercial purposes on five acres or more. Requirement: Leave specified numbers of pine trees or seedlings, or reforest

the land in accordance with a plan approved by DNR.

In 1977, the General Assembly determined that the pine forest resources of the State were being harvested at a greater rate than they were being replanted or reproduced. The legislature enacted the pine tree reforestation, or seed tree, law to reduce the depletion of these resources. The law establishes specific reforestation requirements upon loggers and landowners who engage in certain cutting operations of pine trees.

Definitions

"Cutting operation" is defined as the cutting of timber for commercial purposes from five acres or more of land on which pine trees constitute 25 percent or more of the live trees. APine" is defined as any loblolly (Pinus taeda), shortleaf pine (Pinus echinata), or pond pine (Pinus serotina). "Seedling" is defined as a young pine tree less than six inches in diameter. "Timber" is defined as any tree of a currently commercially valuable species, which is six inches or more in diameter. "Tree" is defined as any tree of a currently commercially valuable species, which is six inches or more in diameter. Applicability 32

Any cutting operation of pine trees on five acres or more of land, where the pine

trees constitute 25% or more of the live trees, is subject to specific reforestation requirements.

Exemptions Pine tree reforestation requirements do not apply in the case of cutting of timber for:

$ reservoirs $ military installations $ agriculture $ communication and transmission lines $ industrial sites $ railroads $ residential or recreational purposes $ residential or commercial construction, or $ commercial cutting operations pursuant to a contract executed prior to

January l, l978.

Requirements

— After any such cutting operation, the operator or landowner is required to

leave uncut and uninjured at least eight (8) cone-bearing loblolly, shortleaf, or pond pine trees l4 inches or larger in diameter on each acre cut for the purpose of re-seeding.

— If eight (8) pine trees as required are not present on any acre, the owner or operator is required to leave uncut and uninjured, at least two cone-bearing pine trees of the next largest diameter standing for each pine tree not present.

$ Trees left uncut pursuant to this section for the purpose of re-seeding are required to be healthy, windfirm, well-distributed, and with well-developed crowns possessing a sufficient number of cones to reforest the areas affected by the cutting operation.

$ A landowner shall not cut, or permit to be cut, any pine tree required to be

reserved for re-seeding for three years after completion of the cutting operation and will so bind his successor in title.

— Cone-bearing pine trees need not be reserved if there are at least 400 seedlings, which are vigorous, well distributed, and free to grow upon completion of the 33

cutting operation. — Alternatively, the area of the cutting operation may be reforested pursuant to a plan approved by the DNR.

Procedures

— A cutting operation may not commence unless seed trees have been reserved or the Department has approved a reforestation plan. The DNR must approve, approve with modifications, or reject any plan submitted to it, in writing, within 30 days. Cutting operations without written permission will be subject to fines or penalties.

— If applicable, a reforestation plan is required to be accompanied by a

statement of the landowner, on a form furnished by the DNR, that he will not perform or permit any act, which prevents reforestation and will so bind his successor in title.

— An operator or landowner proposing to reforest any area of a cutting

operation pursuant to an approved plan is required to notify the DNR at least 24 hours prior to initiation of the cutting operations.

Enforcement

DNR may enjoin the violation of any provisions of the seed tree law, or enforce

its provisions through assessment of money damages equal to the estimated cost of compliance.

References Relevant Statutes: Natural Resources Article '' 5-50l to 5-509

* * * LAND SUBJECT TO A LONG-TERM PROTECTIVE AGREEMENT Activity: Harvesting timber on land subject to a long term protective

agreement under the Forest Conservation Act. 34

Requirement: A timber harvest plan prepared by a licensed forester and

approved by a district forestry board.

Under the Forest Conservation Act, land retained as forested, afforested or reforested under a forest conservation plan must be placed in a long-term protective agreement. An approved forest management plan, a Forest Conservation and Management Agreement, or other legally binding agreements, such as a conservation easement, satisfy the long-term protection requirements. Applicability

A person may not harvest timber subject to a long term protective agreement under the Forest Conservation Act except in accordance with a timber harvest plan prepared by a Licensed Forester and approved by district forestry board. Requirements

(1) The harvest must be consistent with the intent and requirements of the long-term protective agreement.

(2) The timber harvest plan must be prepared by a licensed forester, submitted

to the district board for review and approval, and remain in effect for two years.

References Natural Resources Article '' 5-1601 to 5-1613 COMAR 08.19.01-04 Additional Information Maryland Forest Service Department of Natural Resources Tawes Building, E-1 Annapolis, Maryland 21401 (410) 260-8540

* * * 35

LAND CONTAINING THREATENED OR ENDANGERED SPECIES Activity: Timber harvests on land with threatened and endangered species of

plants and animals. Requirement: Determine the location of threatened and endangered species

and implement measures to avoid a Atake@ of them Applicability

A person may not take threatened or endangered species of plants and animals. Definitions ATake@ means to harm, harass, capture or kill. AEndangered species@ means any species listed as an endangered species under the federal Endangered Species Act, and any species whose continued existence as a viable component of the State=s wildlife or plants is determined to be in jeopardy. AThreatened species@ means any species listed as a threatened species under the federal Endangered Species Act, and any species of wildlife or plants which appears likely, within the foreseeable future, to become endangered.

Procedures

DNR’s Wildlife and Heritage Division reviews projects for their potential impacts to known locations of rare, threatened, or endangered species and their habitats. This review is known as an “environmental review.” When potential negative impacts are identified, Division ecologists will work with the project applicant to avoid or minimize impacts.

An environmental review is often initiated pursuant to the Forest Conservation

Act. That Act identifies as a priority area for retention trees, shrubs or plants identified as threatened or endangered. County planning and zoning agencies and private consulting firms request an environmental review in order to comply with the Act.

Any person, however, can submit an environmental review request by sending a cover letter briefly describing the project and the nature of the request along with a map, such as on a USGS 7.5 minute topographic quadrangle or ADC book map, which shows 36

the location of the site and the site boundaries. The review request should be sent to the DNR Wildlife & Heritage Division, Tawes Office Bldg E-1, Annapolis MD 21401. The review is at no cost and will take twenty (20) business days to complete. References Natural Resources Article, '' 10-2A-01 through 10-2A-09 COMAR 08.03.08

Maryland Wildlife and Heritage Division Department of Natural Resources Tawes Building, E-1 Annapolis, Maryland 21401 (410) 260-8540 DNR home page www.dnr.state.md.us

Click on Wildlife and Heritage, then Endangered Species Plants and Animals Endangered Species in Maryland

Compiled by the Maryland Wildlife and Heritage Division of the DNR http://www.dnr.state.md.us/wildlife/espaa.html

Follow links to listings of Plants & Animals

37

CHAPTER 4 TRANSPORTATION OF WOOD PRODUCTS DRIVER=S LICENSE REQUIREMENTS Activity: Driving a vehicle carrying forest products Requirement: A driver=s license for the specific type vehicle.

Applicability

The United States Commercial Motor Vehicle Act of l986 requires each state to meet uniform licensing and testing standards for drivers of commercial vehicles. Maryland's Commercial Driver's License (CDL) requirement became effective on January l, l990 and is applicable according to the type of vehicle or cargo as follows:

$ Class A - Any single or combination of vehicles, and may tow any trailer. $ Class B - Motor vehicles with a gross vehicle weight (GVW) of 26,00l or more pounds, and trailers of l0,000 pounds or less $ Class C - Motor vehicle under 26,00l pounds (GVW), and trailers of l0,000

pounds or less. $ Any size vehicle which requires hazardous materials placards. $ Double/triple trailers.

Related Web Site: The Maryland Trucking Handbook http://www.mva.state.md.us

Click on >Links= on top tool bar Click on >The Maryland Trucking Handbook=

* * * MOTOR CARRIER SIZE, LOAD AND WEIGHT Activity: Use of a vehicle to transport lumber and wood products Requirements: Compliance with motor carrier size, load and weight laws

Applicability 38

By statute, Maryland places various restrictions on vehicle size and weights. All

transporters are required to comply with all applicable regulations, whether highlighted here or otherwise. Requirements

A full listing of applicable transportation regulations is beyond the scope of this

manual. The following aspects of the size, load and weight laws, however, are worthy of note:

(1) The load on any vehicle or combination of vehicles may not extend more than

3 feet beyond the front of the vehicle or 6 feet beyond the rear of the body of the vehicle. Exceptions to these general restrictions include the following:

$ Vehicles carrying wooden prefabricated roof trusses are permitted a maximum rear extension of l0 feet.

$ Combinations of vehicles carrying indivisible loads during daylight hours are exempt from these load restrictions, provided the load is not over 70 feet in length.

$ Vehicles or combination of vehicles carrying piling, poles, mill logs, or nursery stock are also exempt from these load restrictions.

(2) In the 2001 legislative session, the General Assembly increased the axle load

limit tolerance to 15% for vehicles carrying forest products from June 1 through September 30.

(3) A vehicle used to carry logs, poles, unfinished or unfabricated lumber, other

materials of a similar kind, size, shape, or characteristic may not be driven on any highway unless its load is enclosed entirely within the sides and ends of the body of the vehicle and is fastened securely to both the front and rear of the vehicle at both the front and rear of the load. The fastening of a load to a vehicle shall be by two separate common coil B.B. chains. The links of the chains may not be less than 3/8 of an inch in diameter for loads of 3 tons or less; or l/2 of an inch in diameter for loads over 3 tons. Wire rope not less than 5/l6 of an inch in diameter, steel strapping, logistic webbing of synthetic fibers, or any fastening device specified in regulations adopted jointly by the State Highway Administration and the State Police may be used if they have at least as much tensile strength as the chains.

Enforcement 39

If a police officer observes that a vehicle registered in this State is being operated

with any equipment that apparently does not meet the standards established under this subtitle, the officer can stop the driver of the vehicle and issue a safety equipment repair order. A police officer may issue a safety equipment repair order for a cover only if the vehicle is equipped with a cover and the cover or any equipment necessary to properly secure the cover does not meet the standards established under this article. Permits for Oversize and Overweight Vehicles

The State Highway Administration may issue a permit for oversized or overweight vehicles carrying a load on Maryland's highways. For information regarding permits, go to www.sha.state.md.us/truckers.htm and click on Hauling Permit Information.

* * *

CHRISTMAS TREES AND EVERGREEN SHRUBS Activity: Transportation of Christmas trees and shrubs Requirement: Possession of a bill of sale signed by the landowner. Applicability

Any person who drives or operates any vehicle on any public road in Maryland for the purpose of transporting five or more trees, or l00 pounds or more of boughs, of any species of pine, spruce, fir, hemlock, or other narrow-leafed or broad-leafed evergreen tree or shrub, is required to have upon his person a bill of sale for the trees signed by the owner or custodian of the lands from which they were cut or removed.

Exemptions

These requirements do not apply to the transportation of trees, shrubs, or boughs by the owner or custodian of lands from which the trees, shrubs, or boughs were cut or removed. Requirements 40

The bill of sale is required to state the date of sale; the number and species of trees or pounds and species of boughs being transported; the number of the election district; the name of the county and state from which the trees, shrubs, or boughs were cut and removed; the identity of the landowner or custodian; and the postal address of the landowner or custodian or, if a dealer, the name and place of business from which the trees or boughs were obtained.

Enforcement

Any uniformed forest or law enforcement officer may stop any vehicle engaged in

the transportation of the evergreen trees, shrubs, or boughs described above in order to verify compliance. A driver's failure to have and produce upon demand the required bill of sale or identification is classified as a misdemeanor. Civil penalties and criminal charges may be applied in the event of a violation.

* * * INTERSTATE SHIPMENT OF NURSERY STOCK Activity: Shipment of nursery stock into Maryland Requirements: Inspection certificate stating that the stock is apparently free

from plant pests Applicability and Requirements

Nursery stock shipped into the State shall be plainly labeled with:

1. the name of the cosignor, 2. the name of the cosignee, and 3. A certificate showing that a qualified State or government officer

has inspected the contents and determined that the nursery stock is apparently free from plant pests.

Plant pests are any form of terrestrial or aquatic plant, animal, or microorganism

that is normally considered or declared as a plant pest.

41

Enforcement

Failure to comply with these provisions may result in civil fines, criminal charges,

or the immediate burning or destruction of the nursery.

References

Driver's Licenses

Issuance, Expiration and Renewal of Licenses Transportation Article '' l6-l0l through l6-l20

Cancellation, Refusal, Suspension, or Relocation Transportation Article '' l6-20l through l6-208.l

Maryland Commercial Driver's License Act Transportation Article '' l6-80l through l6-820

Vehicle Laws

Size, Weight, and Load; Highway Preservation Transportation Article '' 24-l0l through 24-304

Permits for Oversize and Overweight Vehicles Code of Maryland Regulations '' ll.04.0l - ll.04.04

Christmas Trees and Evergreen Shrubs:

Natural Resources Article '' 5-4l2, 5-4l3, 5-4l4, & 5-l30l Interstate Shipments of Nursery Stock Agriculture Article '' 5-301 through 5-314 Code of Maryland Regulations ' l5.06.02.l6 Additional Information The State Highway Administration=s website contains a Motor Carrier Handbook updated annually. To access the Handbook, go to www.sha.state.md.us, click On the Road, then Truckers, then MDOT Motor Carrier Program. Scroll to the bottom of the page to find the Handbook.

42

CHAPTER 5 MANUFACTURE OF WOOD PRODUCTS Activity: Operation of a Wood Products Facility Requirements: Compliance with environmental regulations protecting air and

water quality, and solid waste disposal

Wood products facilities are subject to Maryland construction and operation regulations regarding air quality, water quality, and solid or hazardous waste disposal. The particular regulations that are applicable depend on the individual circumstances of each facility.

Applicability

The following types of facilities may be subject to construction and operation regulations regarding air and water quality, and solid and hazardous waste disposal.

— Saw mills, — Kiln driers, — Wood preservation facilities, — Wood chipping facilities, — Secondary manufacturers of the Forest Industry, — Pulp, paper, and paperboard mills, — Kraft pulp mills, — Facilities that produce energy from burning wood or wood refuse

AIR QUALITY Requirements

All manufacturing facilities in Maryland, including forest product facilities, must comply with air quality regulations set forth in the Code of Maryland Regulations (COMAR) Title 26 Subtitle 11. Manufacturers and facility operators are expected to determine what pollutants they may be emitting and take steps as necessary to comply with the regulations. While the details of the specific requirements are beyond the general scope of this Guide, a general overview is provided. Air Pollution Standards

43

There are two types of air pollutant standards: ambient standards and emission

standards. Ambient standards establish the maximum permissible levels of acceptable pollution in the outdoor air, without regard to their source. Maryland has adopted the federal Environmental Protection Agency=s current list of National Ambient Air Quality Standards (NAAQS), and adopted its own ambient air quality standard for fluoride. These are the maximum permissible amounts of pollutants permitted in the outdoor ambient air and may not be exceeded anywhere in the United States. The pollutants that are subject to NAAQS include particulate matter, sulfur oxides, carbon monoxide, ozone, nitrogen dioxide and lead.

Emission standards set limitations on the permissible amounts of pollutants that may be emitted from a particular source. Emission standards fall into two general categories, those applying to existing facilities and those applying to new facilities. According to the EPA=s New Source Performance Standards (NSPS), a new source includes certain newly constructed industrial facilities or installations that emit an air pollutant, or existing facilities that have undergone a modification which results in a new or increased emission of any pollutant. As a minimum requirement, any such new source is required to comply with the NSPS. The State has adopted the federal NSPS and has been delegated the authority to enforce them by the EPA.

Depending on the geographic location of the facility, restrictions concerning visible emission standards – emissions visible to human observers – may apply. Six geographic regions in Maryland have visible emission standards.

Maryland has established emissions standards for particulate matter, carbon monoxide, sulfur compounds, volatile organic compounds and fluorides from both new and existing facilities. Maryland has also established emission standards for specified toxic pollutants from new and existing facilities. As a minimum requirement, new and existing sources are prohibited from violating federal National Emission Standards for Hazardous Air Pollutants promulgated by EPA under the federal Clean Air Act. Permits

All facilities not specifically exempted by law are subject to these regulations and required to register with MDE. Registration is also required if the facility changes ownership, or if any change is made to the facility that renders incorrect the information previously supplied. In general, there are three types of air pollution permits required in Maryland:

a. permits to construct b. permits to operate

44

c. temporary operating permits

Applications for the permits shall be made to the MDE on their forms. General

information and instructions for completing permits are available on-line at www.mde.state.md.us. Testing

MDE may require any person to conduct testing to determine if a facility is in compliance with applicable emission standards. Emission Test Methods can be obtained by contacting MDE=s Air Management Administration. When the Department conducts such tests, the facility is required to provide the sampling facilities necessary to determine the quantity of emissions. The Department will generally provide the instruments and/or sensing devices.

The Department may require a facility to install, use, and maintain monitoring equipment to determine the quantity and/or quality of emissions discharged into the atmosphere. Records of the monitoring program are required and must be available to the Department for inspection and copying.

Facilities that are required to obtain a state permit to operate must report to MDE by telephone any incident that results in an increase of emissions expected to or lasting longer than 1 hour.

* * * WATER QUALITY Requirements

Maryland has enacted laws to regulate and protect the water resources of Maryland, including both water quality standards and effluent limitations that place restrictions on the types and amounts of pollutants that facilities may discharge into waters in Maryland. While the details of the specific requirements are beyond the general scope of this Guide, a general overview is provided.

Water Quality Standards

45

The surface bodies of Maryland waters are categorized into one of four classes (Class I - IV). Each class designates the appropriate uses of a body of water and include: (l) Fish

and other aquatic life, (2) Water contact recreation, (3) Shellfish harvesting, (4) Public water supply, (5) Agricultural water supply and (6) Industrial water supply. Water quality classifications for all waters of the State are established by regulation.

Maryland has also adopted toxic substances criteria for ambient surface waters regardless of the classification of a body of water. The waters of this state may not be polluted by any material, including floating debris, oil, grease, scum and other floating materials, attributable to sewage, industrial waste, or other waste in amounts sufficient to be unsightly and create a nuisance, produce taste or odor, change the existing color, change other chemical or physical conditions in the surface waters, create a nuisance, or interfere directly or indirectly with use of the waters. Furthermore, waters in the state of Maryland may not be polluted by high temperature, toxic, corrosive or other deleterious substances that are attributed to sewage, industrial waste, or other waste in concentrations that directly or indirectly interfere with the public's enjoyment of the water, or are harmful to human, plant, animal or aquatic life.

Additionally, any discharge or disposal of waters or wastewaters into the underground waters of the State via injection wells, leachfields, percolation, or other method requires the approval of MDE.

Permit Requirements

Maryland prohibits any discharge of a pollutant without a permit. A discharge is an addition, introduction, leaking or spilling, or emitting of a pollutant into the waters of Maryland, or the placing of a pollutant in a location where the pollutant is likely to occur. A complete application for a state discharge permit must be filed with MDE l80 days before the activities requiring a state discharge permit begin, or at least in sufficient time before the activities commence to insure compliance with applicable law. Applications are to be made on the appropriate discharge permit forms, which are available on-line from MDE. The public has access to the information provided in the application, but information that is shown to be confidential business information may not be disclosed to the public. Information that constitutes “effluent data, standards or limitations” is not eligible for confidential treatment.

46

After the application is filed and before the notice of the hearing is given to the public, MDE is required to prepare the following items: (l) Proposed effluent limitations, (2) Proposed schedule of compliance and (3) Any proposed special conditions which affect the discharge. Only after all procedures have been complied with shall MDE issue a state discharge permit. The MDE has the right to inspect the permit site as well as facility monitoring, record-keeping, and reporting records, at reasonable times. These records must be maintained for three years and include the date, exact place, time, and

method of sampling, the analytical techniques utilized and the result of the analyses. Also, the results must be reported to MDE on the proper discharge permit forms at least once a year.

Generally, permits remain in effect, barring any noncompliance, for a maximum of 5 years. MDE retains the right to modify, suspend, or revoke a permit with cause and, except for certain minor modifications, only after notice and the opportunity for a public hearing. Violators of state discharge permits may be assessed civil penalties and are subject to civil injunctive actions. In addition, willful or negligent violators may face criminal prosecution and possible imprisonment.

* * * HAZARDOUS WASTE Requirements

Maryland has extensive regulations that prohibit the treatment, storage, or disposal of hazardous wastes without a permit. Today, almost every operation has the potential to generate some hazardous waste, either through daily operations or in the event of an accidental release. While the details of the specific requirements are beyond the general scope of this Guide, a brief overview is provided. Facilities Overview

In Maryland, the Department of the Environment (MDE) is the primary agency charged with the control, permitting, and regulation of hazardous wastes. The authority to:

! require submission of plans or specifications relating to disposal systems, ! issue, modify, or revoke orders and permits to operate disposal systems, ! issue, modify, or revoke orders and permits to discharge pollutants, and ! administer and enforce incidental powers to the above

Further, the MDE may advise, consult, and cooperate with other units of the

State, the federal government, interstate agencies, affected groups, political subdivisions, and industry on matters related to hazardous waste.

47

Among other things, facilities are required to have preexisting contingency plans in the event of an accident. Generally, these are known as spill response plans and provide on-site individuals with contact information for whom to call in the event of an accidental release.

Due to the complexities of hazardous waste law, it is beyond the scope of this manual to identify each applicable aspect of these laws to the forest service industry. Each operation or facility remain aware of all applicable regulations to its operations to insure compliance. References Air Quality Md. Environment Article - Title 2

COMAR Title 26, Subtitle 11 Water Quality Md. Environment Article - Title 4 & Title 9, Subtitles 1-3

COMAR Title 26, Subtitles 8 and 17

Hazardous Waste Md. Environment Article - Title 7 COMAR Title 26, Subtitle 13 Additional Information Maryland Department of the Environment 2500 Broening Highway Baltimore, Maryland 21224 Air and Radiation Management Administration (410) 631-3255 Water Management Administration (410) 631-3567 Waste Management Administration (410) 631-3304 Hazardous Waste Program (410) 631-3400 www.mde.state.md.us

Click on Download Permit Applications and Other Forms and download permit

applications from the Air and Radiation Management, Water Management, and Waste Management Administrations.

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CHAPTER 6 SALE OF WOOD PRODUCTS SALE OF SOFTWOOD LUMBER

Activity: Sale of Softwood Lumber Requirements: Comply with regulations governing the use of quality and

quantity terms in the representation, advertisement, and sale of softwood lumber.

Definitions

ASoftwood lumber@ means lumber produced from the cedar, fir, hemlock, juniper, larch, pine, redwood, spruce tamarack, and yew species groups of trees. ABoards@ means lumber no more than 1 1/4 inches in actual thickness, and no less than 1 2 inches in actual width. ATimbers@ means lumber that is 4 2 inches or more in least actual dimension. This includes beams, stringers, posts, caps, etc. ADimension lumber@ means lumber from 1 2 up to 4 2 inches in actual thickness, and 1 2 or more inches in actual width. This includes framing, joists, planks, rafters, studs, etc. ADressed lumber@ means lumber that has been dressed for the purpose of attaining smoothness of surface and uniformity of size. ARough lumber@ means lumber that has not been dressed but has been sawed, edged, and trimmed at least to the extent of showing saw marks on the four longitudinal surfaces of each piece for its overall length. AMatched lumber@ means lumber that has been worked with a tongue on one edge and a groove on the opposite edge to provide a close tongue-and-groove joint by fitting two pieces together. APatterned lumber@ means lumber that shaped to a pattern or to a molded form.

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AShiplapped lumber@ means lumber that has been worked or rabbeted on both edges of each piece to provide a close-lapped joint by fitting two pieces together. ADry lumber@ means lumber that is 19% or less in moisture content. AUnseasoned lumber@ means lumber that is over 19% in moisture content. ARepresentation@ means any advertisement, offering, invoice, or the like that pertains to the sale of lumber. AGrade@ means the commercial designation assigned to lumber meeting nationally recognized specifications. AMinimum dressed sizes@ means the standardized width and thickness at which lumber is dressed. ASpecies@ means the commercial name assigned to a species of trees. ASpecies group@ means the commercial name assigned to two or more individual species having similar characteristics.@ AMDA@ means Maryland Department of Agriculture.

Applicability

The methods and quantity terms used in the representation, advertisement, and sale of softwood lumber must comply with regulations promulgated by MDA. Softwood lumber includes boards, timbers, and dimension lumber that have been dressed on four sides.

Requirements

MDA=s softwood lumber regulations require that representations include a declaration of identity that specifies:

— Grade — Species or species group — Whether lumber is unseasoned (green) or dry

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Representations as to the quantity of softwood lumber must be in the following terms:

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— Number of pieces — Minimum dressed sizes (width and thickness) — Length of individual pieces or lineal footage

If an advertised, labeled, or posted price includes a fraction of a cent, the

numerals representing that fraction must be:

— Immediately adjacent to the numerals representing the whole cents — The same general design and style as the numerals representing the whole cents — At least half the height and width of the numerals representing the whole cents

Exceptions

In representations as to quantity, nominal dimensions (2x4, 2x6, etc.) may be used

if in conjunction with required minimum dressed sizes and actual length.

On invoices, a table of minimum dressed sizes may appear on the reverse side of the invoice as long as appropriate reference to the table is prominently and conspicuously shown on the face of the invoice.

The following lumber types are not considered softwood lumber and, therefore, are not subject to MDA=s softwood lumber regulations.

— Rough lumber — Patterned lumber — Shiplapped lumber — Lumber re-manufactured or joined so as to change the form or identity, such as

individual, assembled, or packaged millwork items.

* * * SALE OF FIREPLACE AND STOVE WOOD Activity: Sale of Fireplace and Stove Wood Requirements: Comply with regulations governing the use of quality and

quantity terms in the representation, advertisement, and sale of fireplace and stove wood

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Definitions AFireplace and Stove wood@ means any kindling, logs, boards, timbers, or other wood, split or unsplit, advertised, offered for sale, or sold as fuel. ARepresentation@ means any advertisement, offering, invoice, or the like that pertains to the sale of fireplace or stove wood. ASpecies group@ means the commercial name assigned to two or more individual species having similar characteristics, such as oak, hickory, pine, etc. ACord@ means the amount of wood which is contained in a space of 128 cubic feet when the wood is ranked and well stowed. ARanked and well stowed@ means pieces of wood are placed in a line or row with individual pieces touching and parallel to each other and stacked in a compact manner.

Applicability

The quality and quantity terms used in the representation, advertisement, and sale of fireplace and stove wood must comply with regulations promulgated by MDA.

Requirements

MDA=s fireplace and stove wood regulations require that representations include a declaration of identity that specifies:

— Species group

$ A representation of two or more species groups must indicate, within 10% accuracy, the percentages of each group.

— Whether the wood is unseasoned (green) or dry

Representations as to the quantity of wood, of any type, advertised, offered for sale, or sold for use as fuel may only be made using the following terms:

— Cord — Fractional parts of a cord

$ Terms such as Aface cord,@ Arack,@ Apile,@ Atruck load,@ or terms of similar import may not be used when advertising, offering for sale, or selling wood for use as fuel.

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The seller must present a delivery ticket or sales invoice to the buyer whenever non-packaged fireplace or stove wood is sold, and it must include the following:

— Name and address of vendor — Name and address of buyer — Date delivered — Quantity delivered and quantity upon which price is based — Price of amount delivered — Identity in most descriptive terms practicable, including any quality

representation

Exceptions

Wood for use as fuel offered for sale in package form in quantities less than 1/8 cord (16 cubic feet) shall display a representation as to quantity in terms cubic feet, including fractions of cubic feet, or cubic meters, including fractions of cubic meters.

References

Agriculture Article '' 11-301 (b) and (c), 11-309 COMAR 15.03.03.05 B (softwood lumber) COMAR 15.03.03.05 B(4)(b) (minimum dressed sizes of softwood lumber) COMAR 15.03.03.05 F (fireplace or stove wood) Additional Information Maryland Department of Agriculture Weights and Measures Section 50 Harry S. Truman Highway Annapolis, Maryland 21401 (410) 841-5790 MDA home page www.mda.state.md.us

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PART II FORESTRY ACTIVITY OR MANAGEMENT PLANS A number of forestry activities described in this Guide require the preparation of plans, such as a Sediment and Erosion Control Plan, a Chesapeake Bay Critical Area buffer management plan, or a Forest Conservation Act forest conservation or timber harvest plan. Licensed Foresters or Qualified Professionals prepare these plans. CHAPTER 7 LICENSED FORESTERS Activity: The practice of forestry for compensation Requirement: A license issued by the Maryland State Board of Foresters

Definition

AForestry@ means the application, for compensation, of scientific techniques to the planting, conservation, protection and management of trees and related resources. This includes consulting, investigating, evaluating, or planning any forestry activity, or having responsibility for any forestry activity.

Applicability

Any person who practices, offers or attempts to practice forestry must have a license issued by the Maryland State Board of Foresters.

Exceptions

An individual who is licensed to practice forestry in another state or country may

practice forestry in Maryland without a Maryland license if:

— There is a reciprocal waiver agreement between Maryland and that state or country, and

— The individual submits evidence of a license in the other state or country, and — The individual:

$ is not a resident of Maryland and does not have a principal place of business in Maryland, or $ has become a resident of Maryland within the preceding 6 months.

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Qualifications

To qualify for a license to practice forestry in Maryland, an individual must:

— Have completed a 4-year curriculum in forestry at a college or university approved by the Maryland State Board of Foresters or accredited by the Society of American Foresters.

— Have at least 2 years satisfactory experience in forestry. $ An individual who meets the educational requirements for a license to practice forestry in Maryland, but does not meet the experience requirement may practice forestry in Maryland without a license if the individual works under the responsible charge of a licensed forester.

Procedure

To obtain a license to practice forestry, an individual must comply with the

following procedure.

— Obtain an application from the Board of Foresters.

— Complete the application as directed. $ The application requires a statement of the applicant=s education, a statement of the applicant=s forestry experience, and a list of 5 references, at least 3 of whom must be licensed foresters with knowledge of the applicant=s forestry experience.

— Submit the application to the Maryland State Board of Foresters along with the $45.00 application fee.

— Within 30 days of receipt of a notice of qualification from the Board of

Foresters, pay to the Board a $55.00 license fee to obtain the license.

Renewing a License

A license to practice forestry expires on the first September 30th of an even-numbered year after the effective date of the license. Licensees must complete eight hours of continuing education in an approved program during each renewal period to qualify to renew a license. Licenses may be renewed for a 2 year term through the following procedure.

— At least 30 days prior to expiration of a license, the Board of Foresters will mail

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to the licensee=s last known address: $ A renewal application $ A notice stating the expiration date of the license, due date of renewal application, and amount of renewal fee (currently $100.00).

— Within the time period prescribed, the licensee must submit to the Board the completed renewal application and the renewal fee.

— The Board is required to renew the license if the renewal criteria are met.

An “inactive status” license may be granted to a licensee if the licensee is otherwise entitled to be licensed and pays an inactive license fee of $25. The licensee may return to active status if the individual meets the criteria for renewal, including continuing education requirements.

Penalties

The Maryland State Board of Foresters is authorized to revoke or suspend the license of any licensed forester who is found guilty of any fraud or deceit in obtaining the license, or guilty of negligence or wrongful conduct in the practice of forestry, or who knowingly violates the code of ethics adopted by the Board.

A person who knowingly violated the forestry law is guilty of a misdemeanor

and, upon conviction, is subject to a fine not exceeding $5,000.

References Business Occupations & Professions Article, '' 7-101 to 7-602

Additional Information

Maryland State Board of Foresters 500 North Calvert Street Room 304 Baltimore, MD 21202-3651 (410)230-6271 Maryland Business License Information System (BLIS) www.blis.state.md.us

Click on Occupational Licenses, then choose Forester 57

Maryland Department of Labor, Licensing, and Regulation home page www.dllr.state.md.us

Click on Occupations & Professions link, then click on State Board of Foresters link, or for online application, click on Electronic Licensing link, then choose Forester

Maryland Department of Natural Resources home page www.dnr.state.md.us

Click on Forestry link The Complete Forestry Home Page http://forestry.about.com/science/forestry

For general information about forestry Maryland Cooperative Extension www.agnr.umd.edu/ces/home.html

Click on Natural Resources & Environment link Forestry as a Career www.foresters.org

Career exploration exercises

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CHAPTER 8 QUALIFIED PROFESSIONALS Activity: Preparation of a forest stand delineation or conservation plan under

the Forest Conservation Act Requirement: Recognition as a AQualified Professional@ by the Department of

Natural Resources Definitions AForest conservation@ means the retention of existing forest or the creation of new forest at the levels prescribed by the State or local authority. AForest stand delineation@ means the methodology for evaluating the existing vegetation on a site proposed for development, taking into account the environmental elements that shape or influence the structure or makeup of a plant community.

Applicability

An individual may not prepare a forest stand delineation or a forest conservation

plan for Forest Conservation Act compliance unless the individual is recognized as a qualified professional for those purposes.

Qualifications An individual may prepare a forest stand delineation or a forest conservation plan

if the individual:

1. Is a Licensed Forester;

2. Is a licensed landscape architect;

3. Is approved by a local program for work in that jurisdiction which has criteria for a qualified professional consistent with DNR=s requirements, and which meets the approval of the DNR; or

4. Meets the following criteria:

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— Possesses the minimum education or experience requirements: $ A 4-year degree in natural resource sciences or

management, landscape planning, or environmental planning,

$ 4 years of professional experience in natural resource sciences or management, landscape planning, environmental planning, or a DNR-approved equivalent, or

$ A graduate degree in natural resources sciences and 1 year of professional experience.

— Has satisfactorily completed a DNR-approved forest conservation training program, and

— Has shown the ability to meet the obligations required by DNR to prepare a forest stand delineation and a forest conservation plan.

References Natural Resources Article '' 5 1601-1613 COMAR 08.19.06 Additional Information Maryland Department of Natural Resources - Forest Service Tawes State Office Building, E-1 580 Taylor Avenue Annapolis, Maryland 2l40l (4l0) 260-8511; fax (410) 260-8595 Forest Conservation - Qualified Professional (fact sheet) www.blis.state.md.us/FactSheets2/455.htm Application for Qualified Professionals www.dnr.state.md.us/forests/programs/urban/explained.html

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PART III CARE AND TREATMENT OF TREES CHAPTER 9 LICENSED TREE EXPERTS Activity: Treatment and care of trees for compensation Requirement: A tree expert licensed issued by the Department of Natural

Resources

Definitions A Alicensed tree expert@ is a person who has received from DNR a license displaying his or her qualifications to practice as a tree expert. A "tree expert" is a person who holds himself or herself out as being skilled in the science of tree care and who, whether in his or her own business or as the employee of another person, regardless of title, engages in the business or work of the treatment and care of trees for compensation by making diagnoses, prescribing, and supervising the treatment for trees.

Applicability

A person is not permitted to engage in the work or business of a tree expert in Maryland without a license issued by DNR.

An employee who is under the supervision of a licensed tree expert is not required to have a license in his own name. Exceptions

DNR may authorize or grant a license to any person who is a lawful holder of a

tree expert license under the laws of another state that extends similar privileges to tree experts who are licensed in Maryland. The tree expert license laws in the other state must be at least equivalent to the Maryland laws. An out-of-state licensed tree expert who wishes to work in Maryland should verify the license requirements with DNR.

Limitations

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A person may not:

$ solicit, advertise, or represent himself to the public as a tree expert, or

assume to practice as a tree expert without having received a license; $ continue to practice as a tree expert after having received a license and

subsequently losing it by revocation or suspension; or $ use the title or abbreviation "L.T.E." or any other words, letters, or

abbreviations tending to indicate that the person is a licensed tree expert or a tree expert without having received a license, or when the person’s license has been revoked or suspended.

These prohibitions do not apply to the owner of a tree who employs another

person to trim the tree.

Qualifications

DNR has the authority to examine an applicant for a tree expert license and to pass upon his competence. DNR may issue a tree expert license to any applicant who:

— pays the required fees:

$ $30, payable at the time of application $ $20 additional fee for each subsequent examination required to be

paid by an applicant who fails any examination $ $10 annual renewal fee.

— is at least 18 years old; — has the requisite education and/or work experience:

$ has 2 years of approved college education in forestry, arboriculture, horticulture, applied agricultural sciences, or the equivalent education and a minimum of 1 year of experience working with a licensed tree expert in Maryland or with an acceptable tree expert company in another state; or

$ has been engaged continuously in practice as a tree expert with a licensed tree expert in Maryland or with an acceptable tree expert company in another state for at least 5 years immediately preceding the date of his application; and

— has passed the examination given by DNR.

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DNR is required to conduct examinations at least once a year if there are any applicants. Currently, four exams are conducted each year. A candidate who has passed the examination in all but one of the subjects given may be reexamined in that subject

only at any subsequent examination held and, upon passing that subject, will be

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Maryland Tree Expert Exam and Application

considered to have passed the examination. However, DNR is authorized to reexamine an unsuccessful candidate in every subject.

Requirements

Every tree expert licensee is required to carry and show proof of liability and property damage insurance, in the form and amount required by DNR at the time of license issuance. The licensee is required to maintain the insurance protection for the period the license is in effect.

A tree expert license must be renewed annually. A person who holds a tree expert

license and wishes to renew it is required to pay a $10 annual renewal fee.

Penalties

DNR is authorized to revoke or suspend the license of any licensed tree expert who is found guilty of any fraud or deceit in obtaining a license, or who is found guilty of negligence or wrongful conduct in the practice of tree care.

References Natural Resources Article, '' 5-415 to 5-423 Additional Information Maryland Department of Natural Resources Forest Service Tawes State Office Building, E-1 580 Taylor Avenue Annapolis, Maryland 2l40l (4l0) 260-8531 Maryland Tree Expert Law www.dnr.state.md.us/forests/treelaws.html

click on Maryland Tree Expert Law Forest Service Office Listings in Maryland by County http://www.dnr.state.md.us/forests/phonelist.html

www.dnr.state.md.us/forests/treelaws.html Click on Maryland Tree Expert Law, then click on Tree Expert Examination Information and Application

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CHAPTER 10 ROADSIDE TREE CARE Activity: The removal or pruning of a roadside tree Requirement: A permit from the Department of Natural Resources Definitions ARoadside tree@ means any tree or shrub growing within the right-of-way of any public road. APerson@ includes an individual, receiver, trustee, guardian, executor, administrator, fiduciary, partnership, firm, association, public or private corporation, or any other entity.

Applicability

A person must obtain a permit from DNR to cut down, trim, mutilate, or in any manner injure a roadside tree.

Exceptions

The permit requirement does not apply to the following situations:

— Where the tree is uprooted or its branches broken so as to contact telephone, electric, or other power wires; or

— Where the tree or its branches endanger persons or property. $ A person who cuts down or trims a roadside tree under either of these two exceptions must notify the Forest Service within 1 week of the action taken.

— In addition, an abutting landowner may cut down and remove for his own use a tree standing within the right-of-way of a dedicated, unimproved public road.

Requirements

There are two types of roadside tree care permits: —Individual permits are issued for specific tree or group of trees for a specific

operation (usually trimming or removal). 65

—Maintenance permits are issued for comprehensive and continuing general

tree care programs.

A person may obtain a roadside tree care permit as follows:

—Request a permit from the office of DNR Forest Service in the county where the tree is located.

$After such a request, a representative of the Forest Service will meet with the applicant and conduct an on-site examination.

— Demonstrate to DNR Forest Service that the proposed tree care will:

$Eliminate a hazard to property, public safety, or health, or $Improve or prevent a deteriorated tree condition, or $Improve the appearance of the right-of-way, and $Be followed by replanting of a recommended species.

Fees

Fees for roadside tree care permits vary.

—Tree care permits -- the fee is the cost of the on-site examination: $25.00 —Maintenance permits -- The fee for Forest Service supervision is:

$$2500.00 per year per tree care crew, or $$250.00 per month per tree care crew.

—No fee is required if the applicant is a government agency.

Penalties

DNR Forest Service may modify the terms and conditions of any permit and may

suspend or cancel a permit for violation of any condition of the permit or any regulation or provision of the Roadside Tree Care Law.

Violation of the Roadside Tree Care laws or regulations is a misdemeanor subject to fines of up to $1000.00 or imprisonment of up to one year or both.

References

66

Natural Resources Article '' 5-401 through 5-411 COMAR 08.07.02.01 through 08.07.02.10 Additional Information DNR homepage www.dnr.state.md.us

$ Click on Forestry link, then click on Tree Law, then click on Roadside Tree

Law. $ To learn about roadside trees and highway construction, click on Forestry, then click on Tree Law, then click on Forest Conservation Act, then click on Trees On The Edge.

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CHAPTER 11

PESTICIDE APPLICATOR Activity: Application of pesticides for the control of pests. Requirement: Use of a certified pesticide applicator. Definitions AMDA@ means the Maryland Department of Agriculture. APesticide@ means any substance or mixture of substances intended for (1) preventing, destroying, repelling, or mitigating any pest; (2) use as a plant regulator; or (3) use as a spray additive such as a wetting agent or adhesive. APest@ means an insect, snail, slug, rodent, nematode, fungus, weed, or other form of plant or animal life or virus, bacteria, or other microorganism that normally is considered to be a pest or which the Secretary of MDA declares to be a pest. APest Control@ means engaging in or offering to engage in, or recommending, advertising, soliciting, or supervising the use of a pesticide, or using a pesticide or device for the identification, control, eradication, mitigation, detection, inspection, or prevention of a pest. APlace of business@ means any location from which pest control is conducted.

Applicability

Any person engaged in the use of a pesticide classified for restricted use must be a

certified applicator or working under the supervision of a certified applicator.

A place of business performing pest control must have a pesticide business license.

A place of business providing pest control consultation must have a pest control consultant license.

Each application of a restricted use pesticide by a certified applicator must be 68

made under the supervision of a certified applicator, who is responsible and liable for the application.

Each commercial application of any pesticide for a person owning or renting property must be made under the supervision of a certified applicator, who is responsible and liable for the application.

Requirements

A person may be certified by MDA as a pest control applicator, public agency

applicator, or pest control consultant.

A person must meet the specified education and experience criteria applicable to the license as determined by MDA.

Procedure

— Pay the appropriate application fee for the desired license — Take the written examination required for the desired license — Upon successful completion of the exam, submit the appropriate license fee to MDA

— For a place of business, the applicant must meet financial and insurance requirements, and must appoint an individual who is certified in the categories for which the business is licensed.

Penalties

A person who violates the Maryland Pesticide Applicator=s Law is subject to

license revocation or suspension, criminal penalties, and fines up to $1000.

References

Agriculture Article '' 5-201 to 5-211 COMAR 15.05.01.01 to 15.05.01.16

Maryland Department of Agriculture Pesticide Regulation Section 50 Harry S. Truman Parkway Annapolis, MD 21401 (410) 841-5710 69

or Forest Pest Management section (410) 841-5922 MDA website www.mda.state.md.us

Click on Office of Plant Industries, then click on Pest Management, then click on one or both of two links: 1) Pesticide Regulation and 2) Forest Pest Management.

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PART IV

DOING BUSINESS IN MARYLAND

CHAPTER 12 GENERAL REQUIREMENTS

A. Forms of organization, registration, filing and fee requirements

— For information on forms of business organization – e.g., corporations, partnerships or limited liability companies – check out Baltimore County Public Library www.bcplonline.org/centers/gov/governme.html

— Domestic and foreign corporations must register with the State Department of Assessments and Taxation (SDAT) and pay all relevant taxes and fees before conducting a business in Maryland. For information, contact: State Department of Assessments and Taxation 301 West Preston Street Baltimore, Maryland 21201 (410) 767-1184 www.dat.state.md.us

*Click on Business Entity (Corporate) Information link. *For specific offices and e-mail addresses, click on Contact Us links.

Retail Sales Registration

— All vendors must register with SDAT, obtain a sales tax license, and collect

Maryland sales tax (5%).

State/Local Tax Registration

— A single tax registration will meet the requirements for most State and local taxes. Central Registration Applications are available from:

$ Central Registration Unit of SDAT (referenced above) $ Clerk of the Circuit Court in each Maryland county Go to www.courts.state.md.us

Click on >Courts= and then follow links to select court of choice.

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$ Any branch office of the State Comptroller Go to www.marylandtaxes.com

Click on >Contact Information= and select database

Note: The Comptroller=s Office is the department that is primarily responsible for the collection of personal and business taxes. The Office offers many services designed to facilitate filing and to increase awareness of the State=s various programs.

Federal Tax Registration

— A new business should contact the Internal Revenue Service to register for:

$ Employer identification number $ Income tax $ Social security $ Federal unemployment insurance $ Other federal taxes

The IRS has guidebooks and other tax publications helpful in starting and operating a business. Contact:

Internal Revenue Service Phone 1-800-424-1040 www.irs.gov

For office listing, click on >How to Contact Us= at the bottom of the home page

B. State and Local Business Regulations

State Regulations

— The Department of Agriculture regulates the quality and packaging of commodities.

Department of Agriculture 50 Harry S. Truman Parkway Annapolis, Maryland 21401-7080 (410) 841-5700 www.mda.state.md.us *Click on appropriate department link.

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Local Regulations

—Local regulations depend on the local jurisdiction (county/city) in which the business is located. For business and professional licensing information, contact the Clerk of the Circuit Court of the local jurisdiction in which your business is located. For listing and information on circuit court clerk offices, check out Maryland Judiciary: www.courts.state.md.us/

Click on >Courts= and then follow links to select court of choice.

Local Permit Information

— Each county and Baltimore City issues permits for building, construction, dredging, etc., in accordance with local ordinances. The issuing authority varies according to the organizational structure of the local government. The offices of the various county executives and county commissioners provide a starting point for obtaining such information. Go to:

Maryland Electronic Capital http://www.mec.state.md.us/

Click on >Counties= link and then select County and applicable office. C. Maryland Workers= Compensation Laws

— Workers= compensation in Maryland is governed by the Maryland Workers= Compensation Act. This Act was passed for the purpose of providing financial relief to workers injured on the job while performing occupational duties. Benefits received

under the Act are administered by the Maryland Workers= Compensation Commission.

— Particular to the Forest Industry is the explicit exemption from coverage of volunteer firefighters in certain Maryland counties. However, volunteer firefighters engaged by DNR to fight a fire are covered by a separate provision of the Act.

References

Labor and Employment Article Title 9 - Workers= Compensation

Maryland Workers= Compensation Commission 6 North Liberty Street

73

Baltimore, MD 21202 www.charm.net/~wcc

Includes links to General Information, Claims, and Vocational Rehabilitation

D. Maryland Labor Laws

— The Division of Labor and Industry regulates labor practices in Maryland. Any entity doing business in Maryland must comply with the Division=s regulations as well as federal laws regarding hours, wages, and employment of minors, equal pay for equal work, wage payment and collection, etc.

References Labor and Employment Article Title 2 - Division of Labor and Industry Title 3 - Employment Standards and Conditions

Title 5 - Occupational Safety and Health Title 8 - Unemployment Insurance

COMAR 09.12.01 - 09.12.43

Department of Licensing and Regulation Division of Labor and Industry 501 St. Paul Place Baltimore, MD 21202-2272 1-800-492-6226 www.dllr.state.md.us

Click on Labor and Industry Information link for general information Click on Agency Contacts link for contact information

E. Occupational Safety and Health Laws and Regulations

Logging Operations The injury and fatality incidence rates in the logging industry have

historically been among the highest in the country. In February 1995, the federal Occupational Heath and Safety Administration adopted a final rule governing safe working conditions for logging operations, regardless of the end use of

the

74

forest products (saw logs, veneer bolts, pulpwood, chips, etc.). The new standard

expanded coverage to provide protection for all employees engaged in logging operations, and included specific provisions for training employees in this high-risk industry. The many, specific rules governing safe logging operations are beyond the scope of this Guide. For further information, go to: www.osha.gov and type in Logging Operations.

General Safety Rules Maryland=s Occupational Safety and Health Act (MOSH) is patterned after the federal Occupational Safety and Health Act of 1970 (OSHA). The purpose of this Act is to provide for safe working conditions for every employee. The Act applies to any person engaged in any business, trade, commerce, or industrial activity in the State who employs one or more employees to work for wages, salaries, or on commission. The Commissioner of the Division of Labor and Industry administers the Act.

Duties of Employers

—Each employer is required to comply with all applicable safety and health laws and regulations under MOSH and OSHA.

— A significant component of health and safety regulations is the "Employee Right-To-Know" laws. Under these laws, an employer has a duty to obtain, maintain, and make available certain information about materials defined as hazardous substances. This information is generally included on a Material Safety Data Sheet (MSDS) supplied by the materials manufacturer. On a construction site, the general contractor is required to designate a common location where all independent contractors or employers are required to leave their chemical information list before the start of work.

— Each employer shall make, keep, and make available to the Commissioner records regarding activities relating to MOSH regulations. Each employer shall also maintain accurate records of and make periodic reports on applicable work-related deaths, injuries, exposures to potentially toxic material or harmful physical agents, and illnesses. Employers are required to submit a report of an accident or injury to the Worker’s Compensation Commission and shall send a copy of each such report to the Commissioner.

Employee Training and Education Programs

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— Employers must develop an employee training and education program to

inform employees of the requirements of the law, the employer's hazardous substance communication methods (e.g. MSDSs, chemical information lists, and placards), and the employee's rights under the Act. The program shall include information about the nature of the hazards, appropriate work practices, control programs, protective measures and emergency procedures. — Employers must provide training for each new employee before initial assignment, and for all other employees as additional information becomes available. Additional instruction shall be given whenever an employee may be routinely exposed to additional hazards or may potentially be subject to increased exposure due to changes in work practices, including changes in equipment or the introduction of new hazardous chemicals into the workplace. Occupational safety and health training may be conducted in-house with the requisite training and certification, by MOSH, or by consulting firms possessing the requisite training and teaching certification.

Inspections and Enforcement

— The Commissioner or his authorized representative may enter at reasonable times any establishment, construction site, or other area where work is performed by an employee, to inspect and investigate all pertinent conditions, structures, equipment, and materials, and to question privately any such employer, agent, or employee. No advance notice of an inspection is to be provided without the authority of the Commissioner or his authorized representative.

— If the Commissioner finds any unsafe equipment or conditions that could result in death or serious physical harm, the Commissioner may prohibit the use of the equipment until it is made safe and the required safeguards are provided.

— If the Commissioner is of the opinion that an employer has violated Maryland's occupational safety laws, the Commissioner shall issue a citation to the employer. The citation shall be in writing and shall describe with particularity the nature of the violation. In addition, the citation shall fix a reasonable time for the abatement and correction of the violation. The citation must be posted at or near each place the violation occurred. The Commissioner shall then notify the employer by certified mail of the penalty, if any, for the violation. Failure to correct a violation within the permitted time period may result in a notice of a failure to correct and an additional penalty. — The Commissioner may request the Attorney General to enforce in the courts any order, decision, or the collection of any civil penalty.

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References

Maryland Labor & Employment Article Title 5 - Occupational Safety & Health

Additional Information Federal Occupational Safety & Health Administration (OSHA) www.osha.gov Maryland Occupational Safety and Health (MOSH) www.dllr.state.md.us/labor/mosh.html National Safety Council www.nsc.org

The National Safety Council has served as the premier source of safety and health

information in the United States since 1913. The Council=s efforts include highway, community, and recreation safety, and its mission now encompasses all major causes of preventable injuries and deaths, including occupational and environmental health and general wellness. National Institute for Occupational Safety & Health (NIOSH) www.cdc.gov/niosh/homepage.html

The National Institute for Occupational Safety and Health (NIOSH) is the Federal

agency responsible for conducting research and making recommendations for the prevention of work-related disease and injury.

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CHAPTER 13

FINANCIAL ASSISTANCE

The Maryland Economic Development Assistance Authority and Fund (MEDAAF) is an incentive program that offers five financing capabilities that provide assistance to the business community and political jurisdictions. To qualify for MEDAAF assistance, projects must be located within a priority funding area and operate in an eligible industry sector. The five financing capabilities are:

Significant Strategic Economic Development Opportunities Local Economic Development Opportunities Direct Assistance to local jurisdictions or the Maryland Economic Development

Corporation Regional or local revolving loan fund Special purposes loan

The Maryland Industrial Development Financing Authority (MIDFA)

provides assistance to projects located in priority funding areas. Through the use of insurance, tax-exempt and taxable revenue bonds, and linked deposits, MIDFA seeks to reduce a lender's project risk.

The Maryland Economic Adjustment Fund (MEAF) assists business entities in the State with modernization of manufacturing operations, development of commercial applications for technology, and exploring and entering new markets.

The Maryland Competitive Advantage Financing Fund (MCAFF) provides

financial assistance for development and expansion of small businesses within the State. Companies within a priority funding area that have been unable to obtain financing on reasonable terms from traditional sources are eligible to apply for $10,000 to $100,000 in financial assistance, subject to certain requirements.

For additional information on these programs, go to www.choosemaryland.org

Click on link to >Business Assistance=

Click on >Financing Programs=

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CHAPTER 14

TAX BENEFITS

A. State Income Tax Modification for Reforestation and Timber Stand Improvement Programs

To encourage forest creation, Maryland allows owners or lessees of forest land to subtract certain amounts of direct costs of reforestation and timber stand improvement from their federal adjusted gross income on their Maryland tax returns. Eligibility and certification requirements, and deduction limitations, apply.

B. Reduced Property Tax Assessments for Forest Land

To encourage land preservation for productive woodland, Maryland freezes the property tax assessment for owners of at least 5 contiguous acres of woodland who place the land into DNR’s forest conservation and management program for a minimum of fifteen (15) years. To be eligible, the owner enters into a Forest Conservation and Management Agreement (FCMA). The objectives for property subject to an FCMA include the following:

— providing passive recreation opportunities (such as nature trails, nature observation, photography, or wildflower identification)

— providing wildlife habitat

— providing firewood and timber products for the owner's own use

— protecting special plant and wildlife habitat (such as endangered species habitat or uncommon plant communities)

— entering into a conservation easement

— qualifying for tax incentives

— harvesting timber

— managing for a future timber harvest

— improving hunting opportunities

A memorandum of an FCMA must be recorded in each county where the land is located. The woodland owner is required to pay for recording the FCMA.

An FCMA may be assigned and transferred to a buyer of all or part of the land if the buyer assumes the obligation of the FCMA.

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C. Woodland Incentives Program

To help landowners properly manage woodland, Maryland has developed a Woodland Incentives Program. The program provides financial assistance to eligible landowners who engage in woodland management practices that provide for afforestation of suitable open lands, reforestation of cut over woodlands, timber stand improvement practices, and forest resource management and protection.

Approved practices that may receive financing include:

— planting

— seeding

— timber stand improvement

— prescribed burning, and

— site preparation

References and additional information concerning this program are found at the end of this Chapter.

References Reforestation and Timber Stand Improvement Program

Natural Resources Article ' 5-219

Tax-General Article '' 10-205, 10-208, 10-306, 10-308

COMAR 08.07.03.04

Reduced Property Tax Assessments for FCMAs

Tax-Property Article ' 8-2ll

Woodland Incentives Program

Natural Resources Article '' 5-301 to 5-307

COMAR 08.07.05.01 to 08.07.05.05

Additional Information

For more information on all three programs, go to:

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www.dnr.state.md.us

Click on Forestry, then Programs, then Forest Stewardship. Once in Forest Stewardship, choose from the following links: Cost Share Assistance, Forestry Assistance to Landowners, Forest Conservation and Management Program, Income Tax Modification Program, and Woodland Incentive Program.

or contact:

Your local DNR Forester

or

DNR Forest Service

580 Taylor Avenue

Annapolis, MD 21401

(410) 260-8531

For more information on Maryland income taxes, go to:

www.marylandtaxes.com

For more information on Maryland property taxes and assessments, go to:

www.dat.state.md.us

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